A valid will is crucial to ensuring that a person’s assets are distributed according to their wishes after their passing. Without a valid will, the distribution of assets may be determined by the laws of intestacy, which might not align with the testator’s intentions. In Singapore, wills are governed by the Wills Act (Cap. 352), which sets out the legal requirements necessary for a will to be enforceable. Failure to comply with these legal requirements can render a will invalid, leading to asset distribution under the Intestate Succession Act (Cap. 146). This article outlines the key legal requirements for drafting a valid will in Singapore.
Key Legal Requirements for a Valid Will in Singapore
Testator’s Eligibility
The requirements for a valid will in Singapore are:
- The will must be committed to writing.
- The testator must be at least 21 years old.
- The testator must sign the will at the foot of the will.
- The testator’s signature must be witnessed by 2 or more witnesses, who must also sign the will in his presence.
- The 2 main witnesses cannot be beneficiaries of the will, or spouses of beneficiaries.
If the testator is unable to sign at the foot of his will, he may allow another person to sign it on his behalf and in his presence. In addition, witnesses apart from the 2 main witnesses can also be beneficiaries.
Proper Will Execution (Signing & Witnessing)
For a will to be legally valid in Singapore, it must be in writing (handwritten, typed, or printed) and properly executed according to the Wills Act (Cap. 352). The testator must sign the will at the end of the document in the presence of at least two witnesses, who must also sign in the testator’s presence. If the testator is unable to sign, they may authorize someone else to do so on their behalf.
Witnesses must be at least 21 years old and mentally sound. However, beneficiaries and their spouses cannot act as witnesses, as this would void any gifts left to them in the will. To prevent conflicts of interest, independent witnesses, such as a lawyer or neutral party, are recommended.
Failure to comply with these signing and witnessing requirements may result in the will being invalid, leading to assets being distributed under the Intestate Succession Act (Cap. 146). Improper execution can also cause legal disputes and delays in probate. To ensure the will’s validity and prevent complications, seeking legal advice is strongly advised.
Appointment of an Executor
The executor of a will is responsible for managing and distributing the testator’s estate according to their wishes. The testator should appoint a trusted individual or a professional estate administrator, such as a family member, lawyer, or trust company. A beneficiary can be an executor, but they must act impartially.
If no executor is appointed, the court may assign an administrator, which can cause delays and additional legal costs. To avoid complications, naming a backup executor is recommended. Selecting a capable executor ensures a smooth estate administration process.
Clear Asset Distribution & Beneficiary Designation
A valid will must clearly specify how the testator’s assets will be distributed to beneficiaries, including family members, friends, charities, or organizations. Proper naming of beneficiaries helps prevent ambiguity or disputes.
The testator should distinguish between specific bequests (e.g., a house or cash gift) and residual assets (the remaining estate after debts and taxes). If residual assets are not allocated, intestacy laws may apply.
For foreign assets, a separate will may be needed in the respective country due to varying inheritance laws. Seeking legal advice ensures smooth estate distribution across different jurisdictions.
Common Mistakes That Can Invalidate a Will
Several common mistakes can invalidate a will or cause legal issues. One major mistake is not signing the will correctly, such as missing witnesses or improper execution. Appointing an ineligible witness, like a beneficiary or their spouse, can void their inheritance.
Failing to update the will after major life changes (e.g., marriage, divorce, or a beneficiary’s death) can lead to unintended asset distribution. Additionally, CPF savings do not fall under a will and must be distributed through CPF nominations.
For Muslim testators, failing to comply with Syariah inheritance laws may invalidate the will, as only one-third of the estate can be freely allocated, with the rest distributed under Faraid law. To avoid these mistakes, testators should periodically review their will and seek legal advice to ensure its validity.
Legal Exemptions & Special Considerations
When drafting a will in Singapore, certain legal exemptions and special considerations must be taken into account, as some assets and situations fall outside the standard provisions of the Wills Act (Cap. 352).
Certain legal exemptions and special considerations apply when drafting a will in Singapore.
- Muslim Wills (Wasiat): Governed by Syariah law under the Administration of Muslim Law Act (AMLA), Muslim testators can only distribute one-third of their estate freely, while the rest follows Faraid (Islamic inheritance rules).
- HDB Property Ownership: Inheriting HDB flats is subject to government housing policies. If a beneficiary does not meet eligibility conditions, they may need to sell the property instead of inheriting it.
- CPF Nominations: CPF savings cannot be included in a will. Instead, they must be distributed through a CPF nomination. If no nomination is made, CPF funds are distributed under the Intestate Succession Act or Faraid for Muslims.
- Foreign Assets: Different jurisdictions have varying inheritance laws. Some countries require a separate will for foreign assets, or estate planning strategies to avoid conflicts.
Conclusion
Ensuring that a will is legally valid is crucial in preventing disputes, minimizing complications, and safeguarding the smooth distribution of assets. A properly executed will provides clarity on the testator’s wishes, reducing the risk of conflicts among beneficiaries and ensuring that assets are allocated according to the intended plan.
To achieve this, a will must be drafted with clear instructions, signed and witnessed correctly, and compliant with Singaporean law, including the Wills Act (Cap 352). Any errors in execution or ambiguity in wording can lead to legal challenges, delays, and unintended outcomes.
Avoid disputes and complications by ensuring your will is properly executed and legally compliant. Gain expert insights on drafting a clear, legally valid will that protects your assets and honors your wishes. Take the next step in securing your legacy by joining our estate planning course today!
